Pendakwa Raya v KANNAN A/L LETCHUMANAN
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Case Significance
Pendakwa Raya v KANNAN A/L LETCHUMANAN is a Court of Appeal (Mahkamah Rayuan) decision dated June 16, 2025 (citation: a-09-133-05-2024). <p>The Public Prosecutor appealed the High Court's acquittal of the respondent who was convicted by the Magistrate's Court of driving with excess alcohol under section 45A(1) of the Road Transport Act 1987. The High Court had wrongly held that it was mandatory for the police to request two additional specimens of breath under section 45C(1) RTA after the initial breath test. The Court of Appeal set aside the acquittal, restored the conviction, substituted the 14-day imprisonment with one day's i The panel comprised Ahmad Zaidi bin Ibrahim, Azmi bin Ariffin and Faizah binti Jamaludin, with Faizah binti Jamaludin delivering the judgment. Counsel appearing: Kaladevi A/P Chandrasekaran (counsel for respondent), Mohd Fairuz Bin Johari (counsel for appellant), Shivdev Singh (counsel for respondent).
Summary
The Public Prosecutor appealed the High Court's acquittal of the respondent who was convicted by the Magistrate's Court of driving with excess alcohol under section 45A(1) of the Road Transport Act 1987. The High Court had wrongly held that it was mandatory for the police to request two additional specimens of breath under section 45C(1) RTA after the initial breath test. The Court of Appeal set aside the acquittal, restored the conviction, substituted the 14-day imprisonment with one day's imprisonment, and increased the fine to RM15,000.
What was the outcome of Pendakwa Raya v KANNAN A/L LETCHUMANAN?
<p>The Public Prosecutor appealed the High Court's acquittal of the respondent who was convicted by the Magistrate's Court of driving with excess alco...